[Footnote 36:  Compare Weber, Streifen, I. 66; The king’s first wife lies with a dead victim, and is bid to come back again to life.  Levirate marriage is known to all the codes, but it is reprehended by the same code that enjoins it. (M. ix. 65.)]

[Footnote 37:  The ordeal is called divyam (pram[=a][n.]am) ‘Gottesurtheil.’  This means of information is employed especially in a disputed debt and deposit, and according to the formal code is to be applied only in the absence of witnesses.  The code also restricts the use of fire, water, and poison to the slaves (Y[=a]j. ii. 98).]

[Footnote 38:  Kaegi. Alter und Herkunft des Germanischen Gottesurtheils, p. 50.  We call especial attention to the fact that the most striking coincidences in details of practice are not early either in India or Germany.]

     [Footnote 39:  Schlagintweit, Die Gattesurtheile der
     Indier, p. 24.]

[Footnote 40:  This is the earliest formula.  Later law-books describe the length and strength of the bow, and some even give the measure of distance to which the arrow must be shot.  Two runners, one to go and one to return, are sometimes allowed.  There is another water-ordeal “for religious men.”  The accused is to drink consecrated water.  If in fourteen (or more or less) days no calamity happen to him he will be innocent.  The same test is made in the case of the oath and of poison (below).]

[Footnote 41:  In the case of witnesses Manu gives seven days as the limit.  When one adopts the oath as an ordeal the misfortune of the guilty is supposed to come ‘quickly.’  As an ordeal this is not found in the later law.  It is one of the Greek tests (loc. cit.).  When swearing the Hindu holds water or holy-grass.]

[Footnote 42:  AV. ii. 12 is not a certain case of this, but it is at least Brahmanic.  The carrying of the axe is alluded to in the Ch[=a]ndogya Upanishad (Schlagintweit, Die Gattesurtheile der Indier, p. 6).]

[Footnote 43:  Y[=a]jnavalkya (loc. cit.) restricts this test to women, children, priests, the old, blind, lame, and sick.  On ph[=a]la for agni, ib. ii. 99, see ZDMG. ix. 677.]

     [Footnote 44:  Schlagintweit, loc. cit. p. 26 (Hiouen
     Thsang).]

* * * * *

CHAPTER XII.

JAINISM.[1]

One cannot read the Upanishads without feeling that he is already facing an intellectual revolt.  Not only in the later tracts, which are inspired with devotion to a supreme and universal Lord, but even in the oldest of these works the atmosphere, as compared with that of the earlier Brahmanic period, is essentially different.  The close and stifling air of ritualism has been charged with an electrical current of thought that must soon produce a storm.